Most NDIS providers will, sooner or later, deal with a participant or family member who takes a grievance public on social media. Sometimes it’s a venting post in a community group. Sometimes it’s a direct allegation — misuse of funding, neglect, or unethical conduct. Either way, when the post is false and damaging, the reputational hit can be immediate and lasting.
Why this is more common in NDIS than elsewhere
NDIS providers operate in tight communities where word travels fast. Participants and their families connect through Facebook groups, support networks, and word-of-mouth referrals. A single defamatory post can reach hundreds of potential clients in a day. And because the NDIS sector is sensitive about safeguarding, allegations of misconduct stick even when they’re later disproven.
The legal position
Under the Defamation Act 2005 (each Australian state has its own substantively uniform version), a published statement that lowers the reputation of a person or business can give rise to a defamation claim. “Published” includes Facebook comments, posts in community groups, Google reviews, and direct messages shared with third parties.
You can’t sue every angry participant — and you usually shouldn’t try. But you absolutely can — and should — put the person formally on notice that the statements are alleged to be defamatory and demand they be retracted.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
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The cease and desist letter
A formal C&D:
- Identifies the specific statements alleged to be defamatory
- States the legal basis (the Defamation Act in your state)
- Demands removal within a specific timeframe (typically 7–14 days)
- Notes the escalation pathway — concerns notice under the Defamation Act, then court
- Creates a paper trail that strengthens any future claim
For NDIS providers specifically, a measured tone is critical. The recipient is usually emotionally invested, often supported by family, and frequently part of the community network you depend on for referrals. A heavy-handed letter can backfire. A precise, measured C&D drafted to current Australian standards usually achieves the goal — the post comes down, the matter ends.
How Claim Done handles this
The Cease & Desist wizard asks specifically about social-media defamation as a scenario. You describe the post (or paste a screenshot URL), identify the recipient, and confirm the platform. Our Programmatic Algorithms draft a calibrated letter citing the right defamation legislation for your state. Flat $49 fee. We send it by email, you get a dashboard copy.
If the recipient doesn’t comply within the deadline, the next step is a formal concerns notice under the Defamation Act — the technical prerequisite to filing in court. Available through the same platform.
Send a formal Cease & Desist letter. Delivered in about 5 minutes.
No card until the end. No subscription.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Cease & Desist drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Cease & Desist from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=cease-and-desist. Claim Done is not a law firm and does not give legal advice.
How much does a Cease & Desist cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Cease & Desist in Australia?
No. There is no legal requirement to use a solicitor to write or send a Cease & Desist; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Cease & Desist template doesn't?
It drafts the Cease & Desist from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.